Venture Capitalists Can Receive Favorable Tax Treatment for Forgiven Loans

March 29, 2011 in Articles | MARTIN WREN, P.C. | LEAVE A COMMENT

Virginia Tax Planning Lawyers

The Tax Court in Dagres, (2011) 136 TC No. 12, recently ruled that Dagres, a venture capitalist, could claim a $3,635,218 business bad debt deduction on his individual tax return under Section 166(a) of the Internal Revenue Code for the amount he forgave on a loan made to a business acquaintance in order to strengthen their business relationship and ensure that the borrower would first inform him of promising investment opportunities.

Under Section 166, business bad debts are deductible as ordinary deductions when the loan becomes either partially or totally worthless.  On the other hand, personal bad debts are deductible as short term capital losses only when the debt becomes totally worthless.  So, if you have a bad debt, you want it to be a business bad debt.

In reaching its conclusion that the loan was made in connection with Dagres’ trade or business, the Tax Court determined that:

– Dagres was an employee of a management company and a managing-member of several limited liability companies in the trade or business of managing venture capital funds, not simply investment.

– The venture capital business of the funds was attributable in part to Dagres.

– His dominant motivation for lending the money was to gain preferential access to companies and deals in order to use that information in the venture capital activities.

– The loan was proximately related to those venture capital management activities.

– Dagres’ business promotional activities constituted a trade or business, not merely investment activity.

The Tax Court’s ruling in Dagres serves as a road map to achieving preferential tax treatment for the VC loan-gone-bad.  In the current economy, this Section 166 deduction may prove to be a valuable tool for investors suffering losses due to forgiven loans.

If would like more information regarding tax laws and how they impact you or your business when making loans or other investments, please contact Greg Johnson, lawyer and CPA, at (434) 817-3100 or by email at [email protected].

Gregory M. Johnson, the author of this post, is an attorney and certified public accountant in the Charlottesville, Virginia office of MartinWren, P.C., where he chairs the Business, Corporate, & Tax Law practice area and regularly advises businesses and individuals on tax and other legal issues.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

SEND US A MESSAGE

Disclaimer: Using this contact form or any page of MartinWren, P.C.’s website does not establish an attorney-client relationship.  Please do not submit any confidential, privileged, or other protected information until and unless you have completed a private consultation with a MartinWren, P.C. attorney, the attorney has informed you that no conflict of interest exists, and the attorney notifies you that the firm can take your case. By completing this form you agree that we can follow up with you by phone, email, or by text messaging.

    *Please enter your initials to acknowledge that you have read and understood the Disclaimer above:

    *By providing your phone number, you agree to receive text messages from Martin Wren, P.C.. Message and data rates may apply. Message frequency varies.

    To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

    latest firm news